The Lawsuit Against the Prohibition of Gun Ownership for Medical Cannabis Users
Back in 2018, a Pennsylvania-based doctor was denied to purchase of a handgun from a local gun store. The doctor was authorized to use medical-grade cannabis to tackle his PTSD, which he disclosed to the sales clerk at the gun store. However, even though he had no criminal records, or records of violence, or mental disorders, his request to buy a handgun was directly rejected because of his marijuana usage.
If you have been denied the purchase a firearm for the same reason, make sure to contact us at the Logue Law Group right away. Our Pittsburgh criminal lawyers stand at the forefront of legal cannabis issues, and can assist you in your case wholeheartedly.
That being said, let’s explore this blog and take a detailed look at the lawsuit itself.
Why Can’t Marijuana Users Purchase Firearms?
The Gun Control Act of 1968 poses heavy restrictions on the purchase or ownership of firearms for users of controlled substances. This law states that federal gun dealers must implement a thorough scrutiny of all prospective purchasers for drug usage.
Now, here comes the twist in this plot! Medical-grade marijuana is considered to be legal at the state level, but it is still considered a Schedule I drug by the federal authorities. And this very thing makes it a justifiable reason for any federal gun dealer to deny someone to buy or own a firearm.
Our expert Pittsburgh criminal lawyers represented the Pennsylvania-based doctor in this lawsuit. We argued that this federal firearms ban on medical cannabis users is totally unjustifiable, especially when alcoholics are not on that list!
Our legal team also stated that Ambien, a medication that is used to treat insomnia, causes side effects that are worse than medical-grade cannabis. However, a person who has been prescribed Ambien has the right to own a firearm, and not someone who has been prescribed marijuana!
What’s the Drill for Marijuana Users?
Our experienced Pittsburgh criminal lawyers are absolutely right about the unjust application of federal law. However, in association with our client, we still have to present a convincing argument in court to succeed.
Our legal argument is based on two elements. The first element is the Gun Control Act of 1968, which deprives people of their right to own a firearm under the Second Amendment.
And the second is that the same act also violates a medical-grade cannabis user’s Fifth Amendment right against self-incrimination. Why? Because the act literally compels these people to say that they use marijuana ‘unlawfully’ when they have to purchase a firearm, even though medical marijuana usage is legalized under state law!
However, these arguments may not be robust enough to be placed in court. That’s because back in 2016, a federal appeals court ruled that Congress can effectively restrict the rights to purchase firearms of a cannabis user, as it raises the risk of irrational behavior, with which a firearm should never be associated.
So, our client’s lawsuit might not reverse the entire law. However, what it has done already is raise awareness of this unjustifiable implementation of federal gun laws.
That being said, our expert Pittsburgh criminal lawyers at the Logue Law Group are always ready to assert your rights to own or purchase a firearm. So, if you are denied to own a firearm because of medical marijuana usage, don’t hesitate to get in touch with us. Call us at 844.PITT.DUI to book a free consultation.